Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-21
THE PLAZA MURDER.
Trial of Josephine Wheel for the Killing
of Tacob Klein Last June.

of Jacob Klein Last June.
The taking of testimony in the case OF
the People VS.. Josephine Wheel, charged
with murder, was begun in the Superior
Court yesterday before Judge Wilson, OF
San Francisco. 1t will be remembered
that the crime for which the defendant is
on trial was the shooting of Jacob Klein,
musician, in the public plaza in this city
on the 9th of June last. The deceased
had shown considerable attention 10 the
defendant, and the latter alleged that while
in his company one night lnIf ebruary last,
in secluded place, Klein by force accom-
plished Der ruin that she had repeatedly
besought him to marry her, and that he
had persistently refused to do so. On the
night referred to-June q, 1SS6-the de-
PENDANT went TO the plaza, where Klein
was engaged. as member OF one OF the
local bands, in giving concert, and as he
was about leaving the plaza she stepped up
behind him and shot him in the back of
the head, death resulting almost instantly.
Information for murder was lodged against
Miss Wheel, and the case was tlnaliy set
| for hearing this week. The jury was
secured on Wednesday, and-as before
stated-the taking of testimony was COM
menced yesterday.
Long before the hour for opening the
Court every seat and possible bit of stand
| ing room was occupied by spectators, many
| of whom were intimate friends or relatives
of the accused, while the great proportion
were attracted thither by mere curiosity.
Among the spectators were many ladies'
and young girls. The defendant appeared
in Court with her infant, born in Noyem-
Der last, accompanied by her parents and
numerous brothers and sisters. She sat by
her attorney, Grove l.. Johnson, most OF
the time absorbed in the duty of attending
to the wants of her infantile charge. The
demeanor of the defendant was calm, yet
most of the time tears were slowly trucking
down her pale cheeks.
The prosecution was conducted by Dis
trict Attorney Bruner, assisted by Charles
T. Jones. After few preliminary motions
regarding the placing OF witnesses under
the rule. ETC., both sides announced their
readiness, and the prosecution called as its
first witness DR.. G. A. White, Superintend-
ent of the County Hospital. who testified to
having held the post-mortem examination
on the BODY of jacob c. Klein on the 18th
of June. A gunshot wound was found on
the back of the head, the nature and neces
sarily fatal effects of which were explained.
The bullet inhicting the wound was pro-
duced and identified by witness. There
was no cross examination
Coroner j. Frank Clark was the next
witness. He testified to the circumstances
connected with the post-mortem examlna-
1 ton. mo cross-examination.
| Henry Eckhardt, gunsmith, testified to
the defendant having visited bis place of
business in May last to purchase pistol,
saving that she desired to make present
of it to her brother. Under these circum-
| j ~. oy,A
at her request loaded it. The next time
witness saw her was on the evening OF the
shooting, when she came to exchange the
weapon (which was nickel-plated) for one
of darker metal. The reason given for the
desired exchange was that she wanted
weapon that would not "show so much"
The pistol, with one cartridge exploded,
was here offered in evidence. No cross
examination.
Martin Wetzel testified that ON the even
ing of the shooting he was standing near
the southwest corner of the Plaza, while q
concert was progressing in the Enclosure.
He heard the report OF pistol, saw some
thing fall and saw a lady near by. Witness
said to the crowd, THAT'S the lady that
did it." and the lady said, " Yes, did it,
and asked him if he would accompany her
to her home, which he consented to do.
Witness did not see the shot fired, his at
tention being first attracted by the report.
On cross examination the witness was
asked what else the defendant said. He
replied that on the way homeward the de-
PENDANT frequently made the remark
He wanted TO disgrace me" Witness
asked the lady who was the man whom
she shot. and she told him it was Klein,
the shoemaker. She said the deceased re-
fused to marry her, and wanted to disgrace
her and her family, and let the public
know what she was. She acted in
rational manner, apparently. Witness |
here repeated portions of his testimony
given at the time of the examination.
On redirect examination witness said
that at defendants home, and after the
Chief of Police arrived, she remarked to
the latter: Il told you l would do II"
Witness did not see any weapon in the pos
session of defendant. On the way home
the defendant acted strangely.
Charles A. Neale, leader OF the First Ar
tillerv band, of which the deceased, Klein,
was a member, testified to the fact of de-
ceased having been engaged, with the other
members of the band on the evening OF the
shooting. in playing at the concert in the
plaza. Deceased left the concert about
twenty minutes before the close, to fill an
engagement elsewhere. Next saw HIM
living on the floor in Goging's drug store.
Have known the defendant two or three
wears, but have heard her make no state
ment concerning the affair since the shoot
ing No cross examinatlon.I
r E. Gogings, druggist, whose place of
business is near the scene of the shooting,
testified to the circumstances connected
\ with the removal of deceased to his store
| directly after the occurrence. He heard the
shot and saw the flash, but could not see
who did the shooting. No cross-examina-
| ton.
The prosecution here asked for q recess
of ten minutes, stating that probably their
| side of the case might be shortened If al
| lowed an opportunity for the attorneys to
consult. The Court thereupon ordered a
recess of ten minutes.
On Resembling Conrad c. Klein, the
father of deceased, was called to the witness
stand. He testified to being in the Plaza
on the night of the concert, but did not see
his son when he left the stand. He heard
the pistol shot, and noticing that his son
was gone from the stand, feared that he
was shot. He fastened to the scene of the
shooting, and found his son lying on the
ground, dead.
District Attorney Bruner, at this juncture,
stated to the Court that the prosecution
rested its case.
Mr.. johnson asked for an adjournment
|
his opening statement, which request the
Court granted, and an adjournment was
taken until 1:30 p. N.
AFTERNOON SESSION.
On the reassemblirg of the Court, Mr..
Johnson began his opening statement for
the defense, and occupied about forty min
utes. He expressed some surprise at the
abrupt manner in which the prosecution
had closed its case. While not permitted
at that time to criticise the testimony then
introduced, still he would take it upon
himself to say that he believed the defense
might safely submit the case on the weak
testimony offered by the prosecution. He
then proceeded to define the theory of the
defense, first calling attention to the law
defining the crime of murder. The de-
tense would accept the issue laid down by
the learned District Attorney-namely,
that of deliberate, willful murder, such as
j punishable by hanging. The law wisely
provides that before guilt of this kind can
be established there must be intent estab
lished-intent proceeding from person of
sound mind and discretion governing
that intent In every crime there
must be a union of intent and
action. Upon this point hinged the key
note of both the prosecution and the defense
in this case. Once the law was that the
4 all hat